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Spain's courts put to test by trial of Catalan separatists
Attorney News |
2019/02/08 17:55
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Spain is bracing for the nation's most sensitive trial in four decades of democracy this week, with a dozen Catalan separatists facing charges including rebellion over a failed secession bid in 2017.
The proceedings, which begin Tuesday, will be broadcast live on television and all eyes will be focused on the impartiality of the Spanish Supreme Court.
Catalonia's separatists have attacked the court's credibility in the run-up to the trial, saying it is a puppet of the Spanish government and any ruling will be a political one that has been decided in advance.
"In reality, it's democracy itself that will go on trial," Oriol Junqueras, one of the accused, wrote from jail in reply to questions sent by The Associated Press. "We are before a trial which, through a partial investigation full of falsities and irregularities, criminalizes a political option and an ideology."
But Supreme Court president Carlos Lesmes dismisses that notion, saying the trial is the most important since Spain's transition to democracy in 1977 after the death of dictator Gen. Francisco Franco.
"This is a trial following the highest standards set by the European Union," Lesmes recently told a group of journalists.
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Lawyer: Incapacitated woman who gave birth not in coma
Attorney News |
2019/01/20 08:03
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A lawyer for the family of an incapacitated Arizona woman who gave birth in a long-term care facility said she is not in a coma as previously reported.
The Arizona Republic reported Friday that attorney John Micheaels said the 29-year-old woman has “significant intellectual disabilities” and does not speak but has some ability to move, responds to sounds and is able to make facial gestures.
Phoenix police have said the woman was the victim of a sexual assault and have disclosed little other information.
A Jan. 8 statement by San Carlos Apache Tribe officials said the woman, a tribal member, gave birth while in a coma.
News media outlets have reported that the woman, who has not been publicly identified, was in a vegetative state at the facility where she spent many years.
“The important thing here is that contrary to what’s been reported, she is a person, albeit with significant intellectual disabilities. She has feelings and is capable of responding to people she is familiar with, especially family,” Micheaels told the newspaper. |
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US presses ahead with border wall in court despite shutdown
Attorney News |
2019/01/16 08:13
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A federal attorney in South Texas said in court this week that during the ongoing partial government shutdown, he only has been allowed to work on cases related to President Donald Trump’s proposed border wall.
The Texas Civil Rights Project on Thursday released a transcript of a Tuesday hearing in a case where the U.S. government has sued a local landowner for her property along the U.S.-Mexico border. Many other civil cases have been delayed during the shutdown, which was triggered by Trump’s demand for $5.7 billion to build a wall.
According to the transcript, U.S. District Judge Micaela Alvarez noted that government attorneys working on border wall cases have not been furloughed despite the shutdown.
The prosecutor, Eric Paxton Warner, responded, “This is all I’m allowed to work on, Your Honor.”
Warner and a spokeswoman for the local U.S. attorney’s office did not return messages. A spokesman for the Department of Justice says each U.S. attorney had the authority to determine which civil cases should move forward or be delayed, but that civil cases would be delayed “to the extent this can be done without compromising to a significant degree the safety of human life or the protection of property.”
U.S. Customs and Border Protection said last year that it planned to start building in February. But unlike on other parts of the border, most border land in South Texas is owned privately. That requires the government to seize it through eminent domain, suing private landowners in cases that can take months or years. Some landowners who would be affected have already vowed to fight the government in court.
Efren Olivares, a lawyer for the Texas Civil Rights Project, accused the government of being “fixated” on a border wall at the expense of other matters.
“As someone who is also handling family reunification cases in which government lawyers are telling us they can’t do anything to help us because of the government shutdown, it’s extremely upsetting and frustrating,” he said.
The case that led to Tuesday’s hearing was opened 11 years ago, during the last major effort to build border barriers under the Secure Fence Act. It involves a chunk of land in Los Ebanos, a town of roughly 300 people situated along a bend in the Rio Grande, the river separating the U.S. and Mexico in Texas.
Olivares said the U.S. government already obtained the land it sought from the landowner, Pamela Rivas, but both sides haven’t agreed yet on compensation. |
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Court: State, governor can't be sued over public defenders
Attorney News |
2019/01/12 23:19
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Missouri and its governor cannot be sued over the state’s underfunded and understaffed public defender system, a federal appeals court has ruled.
A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday said the legal doctrine of sovereign immunity means the state can’t commit a legal wrong and cannot be sued unless the legislature makes exceptions in state law, KCUR reported.
American Civil Liberties Union-Missouri filed the class action lawsuit in 2017. The organization argued the governor and state have ignored their constitutional obligation to provide meaningful legal representation to indigent clients by not providing enough funds to address chronic underfunding and understaffing in the public defender system. ACLU-Missouri argues in the lawsuit that Mississippi is the only state to allocate less than the $355 per case that Missouri spends for its indigent defense budget.
The lawsuit will continue against the head of the public defender system, Michael Barrett, and the public defender commission.
The decision, written by Judge Duane Benton, does not address the merits of the lawsuit. But the ruling means the legislature can’t be forced to appropriate more money to the system.
“It would be easier if the state itself were a defendant,” said Tony Rothert, legal director of ACLU-Missouri.
Rothert said if the ACLU prevails against the other defendants, the court could order the state to reduce public defenders’ caseloads, or prosecutors could use their discretion to not bring charges for certain crimes. Or defendants who aren’t considered dangerous could be released on bail and put on a waiting list for public defenders rather than staying in jail while awaiting trial. |
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Russian court says bobsledder can keep Olympic titles
Attorney News |
2019/01/10 07:21
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Russian bobsledder Alexander Zubkov won a Moscow court ruling on Friday that could make it harder for the International Olympic Committee to recover his gold medals.
The Russian flagbearer at the 2014 Sochi Olympics was stripped of his two gold medals from those games in 2017 by the IOC for doping. He failed to overturn that disqualification at the Court of Arbitration for Sport last year.
But Moscow’s highest civil court in November upheld Zubkov’s claim that the CAS procedure was unfair and shouldn’t be recognized in Russia. That means Zubkov is legally recognized as an Olympic champion — but only in Russia.
On Friday, the court rejected an IOC-backed appeal from the Russian Olympic Committee, which earlier said letting Zubkov keep his medals could “give rise to doubt that Russia truly observes the main principles of the fight against doping.”
Zubkov strongly denies cheating. “I am a clean athlete. If you don’t know my story you can open Wikipedia and see how much I’ve done for sport and what I did in Sochi,” he said. “I brought gold medals here and gave sport 30 years (of my life).”
Friday’s ruling will also make it harder for Zubkov to be removed as president of the Russian Bobsled Federation, and may entitle him to a Russian state pension for retired star athletes.
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